Revolutionary War Pension and Bounty Land Warrant Application File S. 18824, James Foss, Mass.

SERVICE
Mass.
Loss, James
NUMBER
S. 18824
carded
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

P
18824
INVALID.
One
File No. 18,824
James Wood
Pin Rev. Mar.
Act: June 7 th 82 nd
Index:—Vol. 1 , Page 442
[Arrangement of 1870.]

11.403 Maine
James Foss
of Cumberland Co. in the State of Maine who was a ~ P~ in the Company commanded by Captain Hooper ~ of the Regt commanded by Col Mitchell ~ in the Mass~ State Troops ~
11 Mo Private ~ ( 36.66
Inscribed on the Roll of ~ Maine at the rate of 36 Dollars 66 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 29 th day of April 1833 ~ J. Masey Portland, Me
Arrears to the 14th of March 1833 73.32 Semi-ant. allowance ending 4 Sept ~ 18.33
91.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. P. Sprague Clerk, Book E Vol. 1 Page 15

14,317. James Hops - Application for a pension Aug t 1832
A private,
no papers.
John Murphy

UNITED STATES OF AMERICA.
MAINE DISTRICT SS.
At a Special District Court of the United States begun and holden at Portland, within and for said District, on the first day of August A. D. eighteen hundred and thirty- two before the Honorable ASHUR WARE, Judge of said Court.
On this first day of August aforesaid, personally appeared in open Court before said District Judge James Foss a resident of Saco in the county of York in said Maine District, aged eighty three years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th, 1832. That he entered the service of the United States under the following named Officers, and served as herein stated, viz, That in the month of December 1775 he enlisted for twelve months as a private in a company of militia in the State service, commanded by Capt. Hooper in the Reg t commanded by Col o Mitchell, and was stationed at that part of Falmouth now called Portland, and served till the last of November 1776. That he was employed and served in guarding the town and in building forts on the hill. That he enlisted as a volunteer and served as a private. That he did not receive any written discharge, nor has he any evidence to prove his said service except the deposition of John Chamberlain, who served in the same company with him. He does not know of any other person now living whose testimony he can procure. That he was born in Scarborough his parents soon after moved to Saco - when he lived when he first entered the service, and after the service, and where he now resides. He was born April 10th 1749 - He has a record of his age in his house at home in Saco in a bible. He would refer to Stephen Atkinson of Bangor and Walter Foss of Saco as persons who know him, and his character for truth and veracity.
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
James Foss
Sworn to and subscribed, the day and year aforesaid. Before,
Ashur Ware
} U. S. Judge for the District of Maine.

We Stephen Atkinson, resident in Bangor & Walter Hoys, resident in Saco, testify and say that, That we are well acquainted with James Hoys who has subscribed & sworn to the foregoing declaration. That we believe him to be of the age he has represented, that he is reputed and believed in the neighborhood where he resides, to have been a revolutionary soldier, and to have served as he has stated, and that we concur in that opinion. And we further say, that his character for truth and veracity is unimpeachable.
Stephen Atkinson Walter Hoys
Subscribed & sworn to the day & year above and before Ann Wan { U. S. Judge for the District of Maine
And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives prescribed by the War Department) that the above named applicant was a revolutionary soldier, and served as he states
I, John Nugsey Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Hoys for a pension, and that William H. Bodman Esquire is a Justice of the Peace duly qualified & that his official attestations are entitled to full faith & credit
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this tenth — day of August A. D. one thousand eight hundred and thirty-two
John Nugsey { Clerk of the U. States District Court for Maine District.

I John Chamberlin of Buxton, County of York and State of Maine on oath testify and say that I am well acquainted with James Foss of Saco in said County and I believe him to be about 83 years of age that in the month of December in the year 1776 he enlisted at Saco aforesaid, at the same time with myself in a Company of the militia under the command of Benjamin Hooper that the members of said Company were enlisted for one year, that about the first of January following we marched from said Saco to Falmouth now called Portland and joined the forces there stationed under the command of Col. Mitchell and there continued till the latter part of the next November when the Company was dismissed making a period of Eleven Months I was in the same Company the whole of said period was well acquainted with said Foss here and know him to have been in the service at the time and place above stated the aforesaid period of Eleven Months Witness Wm H Codman John Chamberlin
Cumberland ss. Portland July 30. 1832 Personally appeared the above named John Chamberlin and made oath that the above disposition by him signed is true
Before William H Codman
Jas Pease
I hereby certify that I believe the aforesaid deposition to be a person of truth and veracity.
William H Codman
I hereby certify that the aforesaid deposition from my own knowledge as well as from the testimony of others acquainted with him is a respectable & credible witness & his testimony is in every respect entitled to full credit & belief Wm H Codman
State of Maine } Cumberland County s.s.
I Wm J Vaughan Clerk of the Courts of Cumberland County do certify that William H. Codman is a Magistrate, as above, and that the foregoing signatures purporting to be his, are genuine.
In testimony whereof I have hereunto subscribed my name and affixed my seal of Office this second day of November in the year 1832.
Wm J Vaughan

14317
James Top Maine
W. M. C.
W. M. C.
Private
$36.66
J. Murphy

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Topp Maine
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Dec. 1775. 11. Private Capt. Hooper Col. Mitchell Stationed at Salmon To Quaker Town BB born a Scarborough entered at Saco - Amer Now lives there Service proved by a Living witness - Certificate of two citizens as reason given for Cleggman  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.